EXTRAORDINARY REGD. NO.

JK—33

THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
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Vol. 133] Jammu, Fri., the 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
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PART III

Laws, Regulations and Rules passed thereunder.

———–
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT
DEPARTMENT

Notification

Jammu, the 15th of January, 2021.

SO-16.––The following draft rules, which the Jammu and Kashmir

Government proposes to make in exercise of the powers conferred
by section 67 of the Code on Wages, 2019 (29 of 2019) read with
section 24 of the General Clauses Act, 1897 (10 of 1897) and in
supersession of the :—

(i) The Jammu and Kashmir Payment of Wages Rules, 1972 ;

(ii) The Jammu and Kashmir Minimum Wages Rules, 1972 ;

made by the Jammu and Kashmir Government in exercise of the powers

conferred by the Payment of Wages Act, 1936 (4 of 1936), the minimum
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Wages Act, 1948 (11 of 1948), as the case may be, which are repealed
by section 69 of the Code on Wages, 2019, expect as respective things
done or omitted to be done before such supersession, are hereby notified,
as required by sub-section (1) of section 67, for information of all persons
likely to be affected thereby and notice is hereby given that the draft
notification will be taken into consideration after the expiry of a period
of forty-five days from the date on which the copies of the Official
Gazette in which this notification is published are made available to the
public ;

Objections and suggestions, if any, may be addressed to Commissioner

Secretary, Labour and Employment ([email protected]) and Additional
Secretary, Labour and Employment Department, Civil Secretariat, J&K.

Objections and suggestions, which may be received from any person

with respect to the said draft notification before expiry of the period
specified above, will be considered by the Jammu and Kashmir
Government.

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(l) These rules may

be called the Code on Wages Jammu and Kashmir Rules, 2021.

(2) These rules may extend to the territorial jurisdiction of Jammu

and Kashmir.

(3) They shall come into force after the date of their final
publication in the Official Gazette, on the date of the commencement
of the Code on Wages, 2019 (29 of 2019).

2. Definitions.—In these rules, unless the subject or context

otherwise requires,—

(a) “authority” means the authority appointed by the Jammu and

Kashmir Government under sub-section (1) of section 45 ;

(b) “appellate authority” means the appellate authority appointed

by the Jammu and Kashmir Government under sub-
section (1) of section 49 ;
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(c) “appeal” means an appeal preferred under sub-section (1) of
section 49 ;

(d) “Board” means the Jammu and Kashmir Advisory Board

constituted by the Jammu and Kashmir Government under sub-
section (4) of section 42 ;

(e) “Chairperson” means the Chairperson of the Board ;

(f) “Code” means the Code on Wages, 2019 (29 of 2019) ;

(g) “committee” means a committee appointed by the Jammu and

Kashmir Government under clause (a) of sub-section (1) of
section 8 ;

(h) “day” means a period of 24 hours beginning at mid-night ;

(i) “Form” means a form appended to these rules ;

(j) “highly skilled occupation” means an occupation which calls in

its performance a specific level of perfection and required
competence acquired through intensive technical or professional
training or practical occupational experience for a considerable
period and also requires of an employee to assume full
responsibility for his judgment or decision involved in the
execution of such occupation ;

(k) “Inspector-cum-Facilitator” means a person appointed by

the Jammu and Kashmir Government, by notification under
sub-section (1) of section 51 ;

(l) “member” means a member of the Board and includes its

Chairperson ;

(m) “Municipal Corporation area” means an area which falls under

the Jammu/Srinagar Municipal Corporation ;

(n) “Municipal Committee/Municipal Council area” means an area

which falls under Municipal Committee/Municipal Council ;

(o) “rural area” means the area which does not fall under Municipal
Corporation and Municipal Committee/Municipal Council ;
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(p) “registered trade union” means a trade union registered under
The Trade Unions Act, 1926 (16 of 1926) ;

(q) “Schedule” means the schedule to these rules ;

(r) “section” means a section of the Code ;

(s) “semi-skilled occupation” means an occupation which in its

performance requires the application of skill gained by the
experience on job which is capable of being applied under the
supervision or guidance of a skilled employee and includes
supervision over the unskilled occupation ;

(t) “skilled occupation” means an occupation which involves skill

and competence in its performance through experience on the
job or through training as an apprentice in a technical or
vocational institute and the performance of which calls for
initiating and judgment ;

(u) “unskilled occupation” means an occupation which in its

performance requires the application of simply the operating
experience and involves no further skills ;

(v) all other words and expressions used herein in these rules and
not defined shall have the meanings respectively assigned to
them under the Code.

CHAPTER II

Minimum Wages

3. Manner of calculating the minimum rate of wages.—(1) For

the purposes of sub-section (5) of section 6, the minimum rate of wages
shall be fixed on the day basis keeping in view the following criteria,
namely :—

(I) the standard working class family which includes a spouse and
two children apart from the earning worker ; an equivalent of
three adult consumption units ;

(II) A net intake of 2700 calories per day per consumption unit ;
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(III) 66 meters cloth per year per standard working class family ;

(IV) Housing rent expenditure to constitute 10 per cent of food and

clothing expenditure ;

(V) Fuel, electricity and other miscellaneous items of expenditure to

constitute 20 per cent of minimum wage ; and

(VI) Expenditure for children education, medical requirement, recreation

and expenditure on contingencies.

Note :—The provisions of the rule 3 are based on the criteria declared
in the judgment in Workmen Represented by Secretary vs.
Management of Reptakos Brett. and Co. Ltd. and Anr., 1992
AIR 504 pronounced by the Hon’ble Supreme Court and on
the recommendations of the 15th Indian Labour Conference
(ILC) to constitute 25 per cent of minimum wage ;

(2) when the rate of wages for a day is fixed, then, such amount
shall be divided by eight for fixing the rate of wages for an hour and
multiplied by twenty-six for fixing the rate of wages for a month and
in such division and multiplication the factors of one-half and more than
one-half shall be rounded as next figure and the factors less than
one-half shall be ignored.

4. Norms for f'ixation of minimum rate of wages.—(l) While

fixing the minimum rate of wages under section 6, the Jammu and
Kashmir Government shall divide the concerned geographical area into
three categories, that is to say area under Municipal Corporations area
under Municipal Committees/Municipal Councils and Rural area.

(2) The Jammu and Kashmir Government shall constitute a

technical committee for the purpose of advising the Jammu and Kashmir
Government in respect of skill categorization, which shall consist of the
following members, namely :—

(i) Commissioner/Secretary to Government, Labour and Employment

(Jammu and Kashmir)-Chairperson ;
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(ii) Commissioner/Secretary to the Government, J&K, Law, Justice
and Parliamentary Affairs Department-Member ;

(iii) Labour Commissioner, J&K-Member-cum-Secretary ;

(iv) Director, Skill Development and Entrepreneurship, Government

of J&K-Member ;

(v) Director Employment, Government of J&K-Member ;

(vi) Additional/Deputy Secretary to Govt. J&K, Labour and

Employment Department-Member ; and

(vii) Two technical experts in wage determination as nominated by

the Jammu and Kashmir Government-Members.

(3) The Jammu and Kashmir Government shall, on the advice of

the technical committee referred to in sub-rule (2), categorize the
occupations of the employees into four categories that is to say unskilled,
semi-skilled, skilled and highly skilled by modifying, deleting or
adding any entry in the categorization of such occupations specified in
Schedule-A.

(4) The technical committee referred in sub-rule (2) shall while

advising the Jammu and Kashmir Government under sub-rule (3) take
into account to the possible extent, the national classification of occupation
or national skills qualification framework or other similar framework for
the time being formulated to identify occupations.

5. Time interval for revision of dearness allowance.—Endeavour

shall be made so that the cost of living allowance and the cash value
of the concession in respect of essential commodities at concession rate
shall be computed once before 1st April and then before 1st October
in every year to revise the dearness allowance payable to the employees
on the minimum wages.

6. Number of hours of work which shall constitute a normal

working day.—(1) The normal working day under clause (a) of sub-
section (1) of section 13 shall be comprised of eight hours of work
and one or more intervals of rest which in total shall not exceed
one hour.
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(2) The working day of an employee shall be so arranged that
inclusive of the intervals of rest, if any, it shall not spread over more
than twelve hours on any day.

(3) The provisions of sub-rules (1) and (2) shall, in the case of
an employee employed in agricultural employment, be subject to such
modifications as may, from time to time, be determined by the Jammu
and Kashmir Government.

(4) Nothing in this rule shall be deemed to affect the provisions

of the Factories Act, 1948 (63 of 1948).

7. Weekly day of rest.—(1) Subject to the provisions of this rule,

an employee shall be allowed a day of rest every week (hereinafter
referred to as “the rest day”) which shall ordinarily be Sunday, but the
employer may fix any other day of the week as the rest day for any
employee or class of employees :

Provided that an employee shall be entitled for the rest day under
this sub-rule if he has worked under the same employer for a continuous
period of not less than six days :

Provided further that the employee shall be informed of the day

fixed as the rest day and of any subsequent change in the rest day
before the change is effected, by display of a notice to that effect in
the place of employment at the place specified by the Inspector-cum-
Facilitator in this behalf.

Explanation :—For the purpose of computation of the continuous period

of not less than six days specified in the first proviso
to this sub-rule, any day on which an employee is
required to attend for work but is given only an allowance
for attendance and is not provided with work, a day
on which an employee is laid off on payment of
compensation under the Industrial Disputes Act, 1947
(14 of 1947), and any leave or holiday, with or without
pay, granted by the employer to an employee in the
period of six days immediately preceding the rest day,
shall be deemed to be days on which the employee has
worked.
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(2) Any such employee shall not be required or allowed to work
on the rest day unless he has or will have a substituted rest day for
a whole day on one of the five days immediately before or after the
rest day :

Provided that no substitution shall be made which will result in

the employee working for more than ten days consecutively without a
rest day for a whole day.

(3) Where in accordance with the foregoing provisions of this rule,

any employee works on a rest day and has been given a substituted
rest day on anyone of the five days before or after the rest day, the
rest day shall, for the purpose of calculating the weekly hours of work,
be included in the week in which the substituted rest day occurs.

(4) An employee shall be granted,—

(a) for rest day wages calculated at the rate applicable to the
next preceding day ; and

(b) where he works on the rest day and has been given a
substituted rest day, then, he shall be paid wages for the
rest day on which he worked, at the overtime rate and
wages for the substituted rest day at the rate applicable
to the next preceding day :

Provided that where,—

(i) the minimum rate of wages of the employee as notified under

the Code has been worked out by dividing the minimum
monthly rate of wages by twenty- six ; or

(ii) the actual daily rate of wages of the employee has been worked
out by dividing the monthly rate of wages by twenty-six and
such actual daily rate of wages is not less than the notified
minimum daily rate of wages of the employee, then, no wages
for the rest day shall be payable ; and

(iii) the employee works on the rest day and has been given a
substituted rest day, then, he shall be paid, only for the rest
day on which he worked, an amount equal to the wages
payable to him at the overtime rate ; and, if any, dispute
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arises whether the daily rate of wages has been worked out
in accordance with the provisions of this proviso, the Labour
Commissioner, J&K or the Deputy Labour Commissioner or
the Assistant Labour Commissioner (Jammu and Kashmir)
having territorial jurisdiction may, on application made to him
in this behalf, decide the same, after giving an opportunity
to the parties concerned to make written representations :

Provided further that in case of an employee governed by a piece-

rate system, the wages for the rest day, or the substituted rest day,
as the case may be, shall be such as the Jammu and Kashmir Government
may, from time to time determine having regard to the minimum rate
of wages fixed under the Code, in respect of the employment.

Explanation :—In this sub-rule ‘next preceding day’ means the last day
on which the employee has worked, which preceding the
rest day, as the case may be ; and where the substituted
rest day falls on a day immediately after the rest day,
the next preceding day means the last day on which the
employee has worked, which precedes the rest day.

(5) The provisions of this rule shall not operate to the prejudice
of more favourable terms, if any, to which an employee may be, entitled
under any other law or under the terms of any award, agreement or
contract of service, and in such a case, the employee shall be entitled
only to more favourable terms aforesaid.

Explanation :—For the purposes of this rule, ‘week’ shall mean a period
of seven days beginning at midnight on Saturday night.

8. Night shifts.—Where an employee in an employment works

on a shift which extends beyond midnight, then,—

(a) a rest day for the whole day for the purposes of rule 7 shall,
in this case means a period of twenty-four consecutive hours
beginning from the time when his shift ends ; and

(b) the following day in such a case shall be deemed to be the

period of twenty-four hours beginning from the time when such
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shift ends, and the hours after midnight during which such
employee was engaged in work shall be counted towards the
previous day.

9. The extent and conditions for the purposes of sub-

section (2) of section 13.—In case of employees,—

(a) engaged in any emergency which could not have been

foreseen or prevented ;

(b) engaged in work of the nature of preparatory or complementary

work which must necessarily be carried on outside the limits
laid down for the general working in the employment
concerned ;

(c) whose employment is essentially intermittent ;

(d) engaged in any work which for technical reasons has to be

completed before the duty is over ; and

(e) engaged in a work which could not be carried on except at

times dependent on the irregular action of natural forces ;
the provisions of rules 6, 7 and 8 shall apply subject to the
condition that,—

(i) the spread over of the hours of work of the employee

shall not exceed 16 hours in any day ; and

(ii) the actual hours of work excluding the intervals of rest

and the periods of inaction during which the employee may
be on duty but is not called upon to display either physical
activity or sustained attendance shall not exceed 9 hours
in any day.

10. Longer wage period.—The longer wage period for the purposes
of minimum rate of wages under section 14 shall be by the month.

CHAPTER III

Payment of Wages

11. Recovery under sub-section (4) of section 18.—Where the

total deductions authorized under sub-section (2) of section 18 exceed
fifty per cent of the wages of an employee, the excess shall be carried
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forward and recovered from the wages of succeeding wage period or
wage periods, as the case may be, in such instalments so that the recovery
in any month shall not exceed the fifty per cent of the wages of the
employee in that month.
12. The authority under sub-section (1) of section 19.—The
Assistant Labour Commissioner having jurisdiction over the place of work
of the employee concerned shall be the authority for the purposes of
sub-section (1) of section 19.
13. The manner of exhibiting the notice under sub-section (2)
of section 19.—A notice referred to in sub-section (2) of section 19
shall be displayed at the conspicuous places in the premises of the work
place in which the employment is carried on, so that every concerned
employee would be able easily to read the contents of the notice and
a copy of the notice shall be sent to the Inspector-cum-Facilitator having
jurisdiction.
14. The procedure under sub-section (3) of section 19.—The
employer shall give an intimation in writing specifying therein the detailed
particulars for obtaining the approval of the imposition of fine to the
Assistant Labour Commissioner referred to in rule 12 who shall, before
granting or refusing the approval, give opportunity of being heard to
the employee and the employer concerned.
15. Intimation of deduction.—(1) Where an employer makes any
deduction in pursuance of the proviso to sub-section (2) of section 20,
he shall make intimation of such deduction to the Inspector-cum-
Facilitator having jurisdiction within 10 days from the date of such
deduction explaining therein the reason of such deduction.
(2) The Inspector-cum-Facilitator shall, after receiving intimation
under sub-rule (1), examine such intimation and if he finds that the
explanation given therein is in contravention of any provision of the Code
or the rules made thereunder, he shall initiate appropriate action under
the Code against the employer.
16. Procedure for deduction under sub-section (2) of
section 21.—Any employer desiring to make deduction for damages or
loss under sub-section (1) of section 21 from the wages of an employee
shall,—
(i) explain to the employee personally and also in writing the
damage or loss of goods expressly entrusted to the employee
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for custody or for loss of money for which he is required to
account and how such damages or loss is directly attributable
to the neglect or default of the employee ; and

(ii) thereafter, give the employee an opportunity to offer any

explanation and deduction for any damages or loss, if made,
shall be intimated to the employee within fifteen days from
the date of such deduction.

17. Conditions regarding recovery of advance under

section 23.—The recovery, as the case may be of,—

(i) advances of money given to an employee after the employment

begins under clause (b) of section 23 ; or

(ii) advances of wages to an employee not already earned under

clause (c) of section 23, shall be made by the employer from
the wages of the concerned employee in instalments determined
by the employer, so as any or all instalments in a wage period
shall not exceed fifty per cent of the wages of the employee
in that wage period and the particulars of such recovery shall
be recorded in the register maintained in Form-I.

18. Deduction under section 24.—Deductions for recovery of

loans granted for house building or other purposes approved by the
Jammu and Kashmir Government, and the interest due in respect thereof
shall be, subject to any direction made or circular issued by the Jammu
and Kashmir Government from time to time regulating the extent to which
such loans may be granted and the rate of interest shall be payable
thereon.

CHAPTER IV

Jammu and Kashmir Advisory Board

A. Procedure of Jammu and Kashmir Advisory Board under sub-

section (10) of section 42.

19. Constitution of the Board.—(1) The Board shall consist of

the persons to be nominated by the Jammu and Kashmir Government
representing employers and employees as specified in clauses (a)
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and (b) of sub-section (6) of section 42 and the independent persons
of that sub-section as specified in clause (c).

(2) The persons representing employers as referred to in clause (a)

of sub-section (6) of section 42 shall not be less than eight and the
persons representing employees referred to in clause (b) of that sub-
section shall also not be less than eight.

(3) The independent persons specified in clause (c) of sub-

section (6) of section 42 to be nominated by the Jammu and Kashmir
Government shall consist of the following, namely :—

(i) The Chairperson ;

(ii) Two Members of State Legislature ;

(iii) Adm. Secretary, Labour and Employment Department, J&K

(Member) ;

(iv) Labour Commissioner, J&K (Member-cum-Secretary) ;

(v) Two members each of whom, shall be a professional in the

field of wages and labour related issues ;

(vi) one member who is or has been a presiding officer of an

Industrial Tribunal constituted by the Jammu and Kashmir
Government under section 7-A of the Industrial Disputes
Act, 1947 (14 of 1947) ; and

(4) The Jammu and Kashmir Government shall, while nominating

the members of the Board, take into account that the independent
members under sub-rule (2) shall not exceed one-third of the total
members of the Board and one-third of the members of the Board shall
be women.

20. Meeting of the Board.—The Chairperson may, subject to

the provisions of rule 22, call a meeting of the Board, at any time he
thinks fit :

Provided that on requisition in writing from not less than one-half

of the members, the Chairperson shall call a meeting within thirty days
from the date of the receipt of such requisition.
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21. Notice of meetings.—The Chairperson shall fix the date, time
and place of every meeting and a notice in writing containing the aforesaid
particulars along with a list of business to be conducted at the meeting
shall be sent to each member by registered post and electronically at
least fifteen days before the date fixed for such meeting :

Provided that in the case of an emergent meeting, notice of seven

days only may be given to every member.

22. Functions of Chairperson.—The Chairperson shall,—

(i) preside at the meetings of the Board :

Provided that in the absence of the Chairperson at any meeting,

the members shall elect from amongst themselves by a majority
of votes, a member who shall preside at such meeting ;

(ii) decide agenda of each meeting of the Board ;

(iii) wherein the meeting of the Board, if any, issue has to be

decided by voting, conduct the voting and count or cause to
be counted the secret voting in the meeting.

23. Quorum.—No business shall be transacted at any meeting

unless at least one-third of the members and at least one representative
member each of both the employers and an employee are present :

Provided that, if at any meeting less than one-third of the members

are present, the Chairperson may adjourn the meeting to a date not
later than seven days from the date of the original meeting and it shall
thereupon be lawful to dispose of the business at such adjourned meeting
irrespective of the number of members present :

Provided further that the date, time and place of such adjourned
meeting shall be intimated to all the members electronically or by a
registered post.

24. Disposal of business of the Board.—All business of the Board

shall be considered at a meeting of the Board, and shall be decided
by a majority of the votes of members present and voting and
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in the event of an equality of votes, the Chairperson shall have a
casting vote :

Provided that the Chairperson may, if he thinks fit, direct that any
matter shall be decided by the circulation of necessary papers and by
securing written opinion of the members :

Provided further that no decision on any matter under the preceding

proviso shall be taken, unless supported by not less than two-thirds
majority of the members.

25. Method of voting.—Voting in the Board shall ordinarily be

by show of hands, but if any member asks for voting by ballot, or
if the Chairperson so decides, the voting shall be by secret ballot and
shall be held in such manner as the Chairperson may decide.

26. Proceedings of the meetings.—(1) The proceedings of each

meeting of the Board showing inter alia the names of the members
present thereat shall be forwarded to each member and to the Jammu
and Kashmir Government as soon after the meeting as possible, and
in any case, not less than seven days before the next meeting.

(2) The proceedings of each meeting of the Board shall be

confirmed with such modification, if any, as may be considered necessary
at the next meeting.

27. Summoning of witnesses and production of documents.—

(1) The Chairperson may summon any person to appear as a witness
if required in the course of the discharge of his duty and require any
person to produce any document.

(2) Every person who is summoned and appears as a witness before

the Board shall be entitled to an allowance for expenses by him in
accordance with the scale for the time being in force for payment of
such allowance to witnesses appearing before a civil court.

28. Appointment of the committees.—The Jammu and Kashmir

Government may constitute as many committees under clause (a) of sub-
section (1) of section 8 as it considers necessary for the purposes specified
in that clause.

B. Terms of office of members of the Board under sub-section (11)

of section 42.
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29. Term of office of members of the Board.—(1) The term
of office of the Chairperson or a member, as the case may be, shall
be normally two years commencing from the date of his appointment
or nomination, as the case may be, under sub-section (11) of section 42 :

Provided that such Chairperson or a member shall, notwithstanding

the expiry of the said period of two years, continue to hold office until
his successor is appointed or nominated, as the case may be.

(2) An independent member of the Board nominated to fill a casual

vacancy shall hold office for the remaining period of the term of office
of the member in whose place he is nominated.

(3) The official members of the Board shall hold office till they
are replaced by respective such other official members.

(4) Notwithstanding anything contained in sub-rules (1), (2) and

(3), the members of the Board shall hold office during the pleasure of
the Jammu and Kashmir Government.

30. Travelling allowance.—The Chairman and every member of

the Board, shall be entitled to draw travelling and halting allowance for
any journey performed by him in connection with his duties at the rates
specified for other similar BORADS in J&K by the Finance Department.

31. Officers and staff.—The Labour Commissioner, Jammu and

Kashmir Government shall be the Ex-Office Secretary of the Board and
office of The Labour Commissioner, J&K shall provide Secretariat
Assistance to the Board.

32. Eligibility for re-nomination of the members of the

Board.—An outgoing member shall be eligible for re-nomination for the
membership of the Board for not more than total two terms.

33. Resignation of the Chairperson and other members of the

Board.—(1) A member of the Board, other than the Chairperson, may,
by giving notice in writing to the Chairperson, resign his membership
and the Chairperson may resign by a letter addressed to the Jammu
and Kashmir Government.

(2) A resignation shall take effect from the date of communication

of its acceptance or on the expiry of 30 days from the date of resignation,
whichever is earlier.
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(3) When a vacancy occurs or is likely to occur in the membership
of the Board, the Chairperson shall submit a report to the Jammu and
Kashmir Government immediately and the Jammu and Kashmir Government
shall, then, take steps to fill the vacancy in accordance with the provisions
of the Code.

34. Cessation of membership.—If a member of the Board, fails

to attend three consecutive meetings, without prior intimation to the
Chairperson, he shall, cease to be a member thereof.

35. Disqualification.—(1) A person shall be disqualified for being

nominated as, and for being a member of the Board,—

(i) if he is declared to be of unsound mind by a competent

court ; or

(ii) if he is an un-discharged insolvent ; or

(iii) if before or after the commencement of the Code, he has been

convicted of an offence involving moral turpitude.

(2) If any question arises whether a disqualification has been

incurred under sub-rule (1), the decision of the Jammu and Kashmir
Government thereon shall be final.

CHAPTER V

Payment of Dues, Claims, etc.

36. Payment under clause (a) of sub-section (1) of section 44.—

Where any amount payable to an employee under the Code is due after
his death or on account of his whereabouts not being known, and the
amount could not be paid to the nominee of the employee until the
expiry of three months from the date the amount had become payable,
then, such amount shall be deposited by the employer with the Assistant
Labour Commissioner having jurisdiction, who shall disburse the amount
to the person nominated by the employee after ascertaining his identity
within two months of the date on which the amount was so deposited
with him.

37. Deposit of the undisbursed dues under clause (b) of sub-

section (1) of section 44.—(1) Where any amount payable to an
18 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
employee under this Code remains undisbursed because either no
nomination has been made by such employee or for any other reason,
such amounts could not be paid to the nominee of employee until the
expiry of six months from the date the amount had become payable,
all such amounts shall be deposited by the employer with the Assistant
Labour Commissioner having jurisdiction before the expiry of the fifteenth
day after the last day of the said period of six months.

(2) The amount referred to in sub-rule (1) shall be deposited by

the employer with the Assistant Labour Commissioner having jurisdiction
through bank transfer or through a crossed demand draft obtained from
any scheduled bank in India drawn in favour of such Assistant Labour
Commissioner.

38. Manner of dealing with the undisbursed dues under

clause (b) of sub-section (1) of section 44.—(1) The amount referred
to in sub-rule (1) of rule 37 (hereinafter in this rule referred to as the
amount) deposited with the Assistant Labour Commissioner having
jurisdiction shall remain with him and be invested in the Jammu and
Kashmir or State Government Securities or deposited as a fixed deposit
in a scheduled bank.

(2) The Assistant Labour Commissioner having jurisdiction will

exhibit, as soon as may be possible, a notice containing such particulars
regarding the amount as the Assistant Labour Commissioner considers
sufficient for information at least for fifteen days on the notice board
and also publish such notice in any two newspapers being circulating
in the language commonly understood in the area in which undisbursed
wages were earned.

(3) Subject to the provision of sub-rule (4), the Assistant Labour

Commissioner having jurisdiction shall release the amount to the nominee
or to that person who has claimed such amount, as the case may be,
in whose favour such Assistant Labour Commissioner has decided, after
giving the opportunity of being heard, the amount to be paid.

(4) If the undisbursed amount remains unclaimed for a period of

seven years, the same shall be dealt within the manner as directed by
the Jammu and Kashmir Government from time to time in this behalf.
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 19
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
CHAPTER VI

Forms, Registers and Wage Slip

39. The form of a single application.—A single application may

be filed under sub-section (5) of section 45 in Form-II along with
documents specified in such Form.

40. Appeal.—Any person aggrieved by an order passed by the

authority under sub-section (2) of section 45 may prefer an appeal under
sub-section (1) of section 49 in Form-III, along with documents
mentioned by the appellant in such Form, to the appellate authority having
jurisdiction.

41. Form of register, etc.—(l) All fines and all realizations thereof
referred to in sub-section (8) of section 19 shall be recorded in a register
to be kept by the employer in Form-I appended to these rules,
electronically or otherwise and the authority referred to in said sub-
section (8) shall be the Assistant Labour Commissioner having jurisdiction.

(2) All deductions and all realizations referred to in sub-section (3)

of section 21 shall be recorded in a register to be kept by the employer
in Form-I appended to these rules, electronically or otherwise.

(3) Every employer of an establishment to which the Code applies

shall maintain registers under sub-section (1) of section 50 in Form-I
and Form-IV, electronically or otherwise.

42. Wage slip.—Every employer shall issue wage slips, electronically

or otherwise to the employees in Form-V under sub-section (3) of
section 50 on or before payment of wages.

43. Manner of holding enquiry under sub-section (1) of

section 53.—(1) When a complaint is filed before the officer appointed
under sub-section (1) of section 53 (hereinafter in this rule referred to
as the officer) in respect of the offences referred to in said sub-section
either by an officer authorized for such purpose by the Jammu and
Kashmir Government or by an employee aggrieved or a registered trade
union registered under the Trade Unions Act, 1926 or an Inspector-cum-
Facilitator, the officer, after considering such evidences as produced
before him by the complainant, is of the opinion that an offence has
20 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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been committed, shall issue summons to the offender on the address
specified in the complaint fixing a date for his appearance.

(2) If the offender to whom the summons has been issued under
sub-rule (1) appears or is produced before the officer, he shall explain
the offender the offence complained against him and if the offender pleads
guilty, the officer shall impose penalty on him in accordance with the
provisions of the Code and when the offender does not plead guilty,
the officer shall take evidence of the witnesses produced by the
complainant on oath and provide opportunity of cross-examination of
the witnesses so produced. The officer shall record the statement of
the witnesses on oath and in cross-examination in writing and take the
documentary evidence on record.

(3) The officer shall, after the complainant’s evidence is complete,

provide opportunity of defense to the accused person and the witnesses
produced by the accused shall be cross-examined after their statements
on oath by the complainant and documentary evidence in defense shall
be taken on record by the officer.

(4) The officer shall after hearing the parties and considering the
evidences both oral and documentary decide the complaint in accordance
with the provisions of the Code.

44. The manner of imposing fine under sub-section (1) of

section 56.—(1) An accused person desirous of making composition of
offence under sub-section (1) of section 56 may make an application
in Form-VI electronically or otherwise to the Gazetted Officer notified
under said sub-section (1) of section 56.

(2) The Gazetted Officer referred to in sub-rule (1), shall, on receipt

of such application, satisfy himself as to whether the offence is
compoundable or not under the Code and if the offence is compoundable
and the accused person agrees for the composition, compromise the
offence for a sum of fifty per cent of the maximum fine provided for
such offence under the Code, to be paid by the accused within the time
specified in the order of composition issued by such officer.

(3) Where the offence has been compromised under sub-rule (2)
after the institution of the prosecution, then, the officer shall send a
copy of such order made by him for intimation to the officer referred
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 21
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to in sub-section (1) of section 53 for needful action under sub-
section (6) of section 56.

CHAPTER VII

Miscellaneous

45. Timely payment of wages.—Where the employees are employed

in an establishment through contractor, then, the company or firm or
association or any other person who is the proprietor of the establishment
shall pay to the contractor the amount payable to him or it, as the case
may be, before the date of payment of wages so that payment of wages
to the employees shall be made positively in accordance with the
provisions of section 17.

Explanation :—For the purpose of this rule, the expression “firm” shall
have the meaning as assigned to it in the Indian
Partnership Act, 1932 (9 of 1932).

46. Inspection scheme.—(1) For the purposes of the Code and

these rules, there shall be formulated an inspection scheme by the Labour
Commissioner (Jammu and Kashmir) with the approval of the Jammu
and Kashmir Government.

(2) In the inspection scheme referred to in sub-rule (1), apart from

other structural facts, a number shall be specified in the scheme for
each Inspector-cum-Facilitator and establishment.

(Sd.) ..................................

Commissioner/Secretary to Government,
Labour and Employment J&K.

–––––––
22 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
Schedule A
Schedule A
[See Rule 4 (3)]

S. No. Unskilled
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Beldar

2 Calfboy

3 Cattleman

4 Cleaner (Motor Shed, Tractor, Cattle, Yard, M. T.)

5 Collecting loose fodder

6 Dairy coolie

7 Mazdoor (Arportculturist Compost, Dairy’s Haystaking,

Irrigation, Manure, Stacking, Milk-room, Ration-room Store,
Anti-Malaria, M. R.)

8 Driver (Mule, Bullock, Camel, Donkey)

9 Dresser

10 Driver (Bullocks Mule)

11 Grazler

12 Dairyman

13 (Store-Mazdoor)

14 Carrier (Stone)

15 Breaker (using manual appliances)

16 Helper

17 Messenger (Office)

18 Mali
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 23
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
19 Syce

20 Tying and Carrying loose hay

21 Sweeper

22 Weighing and Carrying bales

23 Weighman (Bales pally)

24 Waterman
25 Stableman

26 Trollyman
27 Valveman

28 Watchman

29 White Washer

30 Wooderman

31 Wooder Woman

32 Borryman

33 Coalman
34 Condenser

35 Attendant
36 Grass Cutter

37 Muchhers Jamadars

38 Condenser Attendant

39 Shunters

40 Turner

41 Bajri Spreader

42 Beater Women
24 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
43 Bell-Woman

44 Chain Man

45 Boat Man

46 Bucket Man

47 Labourer (Boiler, Cattle Yard, Cultivation, General Loading and

Unloading, Bunding, Carting-Fertilizers, Harvesting,
Miscellaneous Seeding, Sowing, Thatching, Transplanting,
Weeding)

48 Cleaner (Crane, Truck, Cinder for ash Pit)

49 Cartman

50 Caretaker (Bridge)
51 Carrier (Water)

52 Chowkidar
53 Concrete (Hand Mixer)

54 Daffadar
55 Driver (Bullock, Camel, Donkey, Mule)

56 Flag Man
57 Flagman (Blast Train)

58 Khalasi not attending to machines

59 Gangmen

60 Gatingman (Permanent Way)

61 Handle Man, Jumper Man

62 Kamin (Female Work)

63 Khalas

64 Bridge
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 25
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
65 Electrical

66 Marine

67 Moplah

68 Store

69 Steam Road

70 Share

71 Roller Survey

72 Labourer (Garden)

73 Mazdoor

74 Hole Cutter

75 Lorry Trainees

76 Petrolman

77 Searcher

78 Signalman

79 Strikers

80 Yaks Controller

81 Cleaner

82 Dresser/Dressing Mazdoor

83 Loader

84 Mazdoor (Male/Female)

85 Messenger (Male/Female)

86 Trammer

87 Caretaker (except in Copper, Chromite and Graphite mines

where it is semiskilled)
26 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
88 Office Peon/Peon (except in Bauxite Mines)

89 Sweeper (Male/Female)

90 Carrier

91 Number Taker

92 Trolly Triper

93 Water Carrier

94 Earth Cutter

95 Survey Khalasi

96 Gate Man

97 Concrete (Hand Mixer)

98 Dismantling stocks

99 Lampman

100 Beldar/Beldar (Canteen)

101 Coolie

102 Peon

103 Cook-helper

104 Office Boy

105 Quarry Worker

106 Jelly Maker

107 Over Burden Remover

108 Waste Removing Mazdoor

109 Unloader

110 Excavating Labour

111 Digger
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 27
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
112 Butcher

113 Attender

114 Lorry Helper

115 Surface Loader

116 Wood Cutter

117 Surface Mukar

118 Underground Mukar

119 Striker (Moplah Gang)

120 Tall Boy

121 Tile

122 Person employed in loading and unloading

123 Person employed in sweeping and cleaning and other categories
by whatever name called which are of unskilled nature

124 Any other category of employees by whatever name called

which are of unskilled nature.
–––––––––
28 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
S. No. Semi-Skilled
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Assistant (Chowdhary)

2 Attendant (Bull-calving lines, Chowkidar, Chaff Cutter, Hostel,

Dry Stock, Grain Crusher, Pump Siekline)

3 Stable, Yard Stock

4 Assistant Plumber

5 Attendant

6 Bhisti

7 Brander

8 Bullman

9 Butterman

10 Coachman

11 Cobbler

12 Cultivator

13 Daftry

14 Deliveryman

15 Dhobi

16 Dresser

17 Fireman

18 Gowala

19 Hammerman

20 Helper (Blacksmith)
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 29
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
21 Helper

22 Jamadar (Stand)

23 Jamadar

24 Khalasi

25 Mali Senior

26 Mate/Mistry

27 Mazdoor (Literate)

28 Nalband

29 Oilman

30 Ploughman

31 Vtackers

32 Supervisor

33 Thatcher

34 Valveman

35 Valveman (Senior)

36 Wireman Fixing Tin Cables

37 Cook

38 Dandee

39 Frash

40 Hacksawman

41 Helper (Locco-Crane/Truck)

42 Manjhee (Boatman)

43 Belchawala
30 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
44 Muccadam (without competency certificate under Metalliferous
Bulldozer Driver Mines Regulations, 1961)

45 Bhisti (with Mushk)

46 Boatman (Head)

47 Breaker

48 Breaker (Stone, Rock, Rock Stone, Stone Metal)

49 Canweaver

50 Chainman (Head)

51 Charpoy-Stringer

52 Checker

53 Cracker

54 Dollyman

55 Assistant

56 Driller

57 Driver (Skin)

58 Excavator

59 Ferroman

60 Fireman (Brick Kiln, Steam Road Roller)

61 Gatekeeper

62 Gharami

63 Classman

64 Grater

65 Greaser-cum-Fireman

66 Grinder
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 31
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
67 Hammerman

68 Helper (Artisan)

69 Helper (Sawyer)

70 Keyman

71 Khalasi (Head Survey, Rivertters-Moplah Gang, Supervisory)

72 Labourer (Rock-Cutting)

73 Lascar

74 Mali (Head)

75 Stockers and Boilerman

76 Thoombaman (Spade Worker)

77 Tindals

78 Trollyman (Head Motor)

79 Fitter (Assistant Semi-Skilled)

80 Jamadar (Semi-Skilled)

81 Mate (Stone)

82 Kasab

83 Khalasi (Structural)

84 Masalchi P. M. Mates

85 Miner

86 Untrained Mate/Mining Mate/Mate without Competency

Certificate under Metalliferous Mines Regulations, 1961

87 Butler/Cook

88 Breaker (using mechanical appliances)

89 Crech Ayah/Ayah/Untrained Crech Attendant

32 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
90 Assistant Driller

91 Oilman/Oiler

92 Chowkidar/Watchman

93 Helper (Mason, Carpenter, Blacksmith)

94 Tindals

95 Topas

96 Topkar (Big Stone Breaker)

97 Trolly Jamadar

98 Winchman

99 Attendance-keeper

100 Assistant Wireman

101 Mate

102 Mate (Blacksmith, Road, Carpenter)

103 Engine Driver and/or Feeder

104 Fitter

105 Gang

106 Mazdoor Mason

107 Permanent Way

108 Pump-Driver, Turner

109 Mazdoor (Heavy-weight)

110 Chargeman

111 Mistri (Head)

112 Muccadam
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 33
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
113 Night-guard

114 Runner (Post Dak)

115 Oilman
116 Quarry man

117 Quarry Operator

118 Stoneman

119 Stocker

120 Thatcher

121 Pump Attendant

122 Bearer

123 Breakman
124 Crowlder Man

125 Laboratory Boy

126 Pointsman Sencummy

127 Stone mines and other categories by whatever name called

which are of Semi-Skilled nature
128 Any other category of employees by whatever name called
which are of Semi-Skilled nature

––––––––
34 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
S. No. Skilled
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Artificer (Class-II, III, IV)

2 Blacksmith

3 Blacksmith (Class-II)

4 Boilerman

5 Carpenter

6 Carpenter (Class-II) Carpenter-cum-Blacksmith

7 Chowdhary

8 Driver

9 Driver (Engine Tractor, M. T. Motor)

10 Electrician

11 Fitter

12 Mason

13 Mason Class-II

14 Machine Hand (Class-II, III, IV)

15 Machineman

16 Mate Gr.-I (Senior)

17 Mechanic

18 Milk Writer

19 Mistry (Head)

20 Moulder

21 Muster Writer

22 Operator (Tube-well)
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 35
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
23 Painter

24 Plumber

25 Welder

26 Upholsterer

27 Wireman

28 Chipper

29 Chipper-cum-Grinder

30 Cook (Head)

31 Driller

32 Driller (Well Boring)

33 Driver (Loco/Truck)

34 Electrician (Assistant)

35 Mechanic (Tube-Well)

36 Mistry (Stell, Tube-Well, Telephone)

37 Meter Reader

38 Meterorogical Observer Navghani

39 Operator (Batching Plant, Cinema Project, Clamp Shelf,

Compressor, Grane, Dorrick, Diesel Engine, Doser, Dragling
Drill Dumber, Excavator, Fork Lift Generator, Grader, Jack
Hammer and Payment Breaker Loader, Pump, Pile Driving,
Scrapper, Screening Plant, Shoval, Tractor, Vibrator, Weight
Batcher, Railway Guards, Repairer (Battery)

40 Sharper/Slotter
36 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
41 Sprayer (Ashalt) Station Master

42 Surveyor (Silt)

43 Trades-Man

44 Train Examiner

45 Turner/Miller

46 Tyre Vulcaniser

47 Sawyer

48 Sawyer (Selection Grade Class-II) Serang

49 Serangpile

50 Driving Pantooms with Boiler

51 Shapesman

52 Shift-incharge

53 Sprayman

54 Sprayman (Roads)

55 Stone Cutter

56 Stone Cutter (Selection Grade, Grade-II, Class-II)

57 Stone Chisler

58 Stone Chisler (Class-II)

59 Stone Blasterer

60 Sub-Overseer (Unqualified)

61 Surveyors

62 Pump Driver

63 Pump Driver (Selection Grade), Grade-II and III, Class-II)

No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 37
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
64 Pump Driver (Selection Grade P. E. Driver)

65 Pumpman

66 Pumpman (Assistant)

67 Plumber

68 Polisher (with spray) Grade-II

69 Ratan Man

70 Rivet Cutter (Assistant)

71 Rivetter

72 Rivetter (Cutter)

73 Road Inspector Grade-II, Railway Plate Layer

74 Rod Bender

75 Haulage Operator

76 Dispensary Attendant

77 Work Sakar

78 Mica Cutter Grade-I

79 Dresser Grade-I Mica

80 Supervisory Fireman

81 Fireman only in Mines

82 Compressor Driver

83 Pump Man Driver 96. Grinder in Mica Mines

84 Surveyors (Assistant)

85 Tailor

86 Tailor (Upholstry)
38 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
87 Transprayer

88 Tarman

89 Line Man

90 Tiler Class-II

91 Wall (Floor Root)

92 Tiler (Selection Grade)

93 Tin-Smith

94 Tin Smith(Selection Grade Grade-II and III, Class-II) Tinker

95 Well Sinker

96 Assistant Mistry

97 Armature Winder Grade-II and III

98 Bhandari

99 Blacksmith

100 Blacksmith (Selection Grade, Grade-II, III, Class-II and III)

101 Boilerman

102 Boilerman Grade-II and III

103 Boiler Foreman Grade-II

104 Work (Assistant)

105 Brick Layer

106 Bricklayer (Selection Grade, Class-II)

107 Blaster

108 Chowkidar (Head)

109 Security Guard (without arms)

No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 39
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
110 Carpenter

111 Carpenter (Selection Grade, Grade-II and III, Class-I and III
Assistant)

112 B. I. M. Road

113 Cabinet Maker

114 Caneman

115 Cutter Maker Chargeman, Class-II and Class-III, Carpenter

Ordinary

116 Checkder (Junior)

117 Chick Maker

118 Chickman (Junior) Concrete Mixure Mixer

119 Concrete Mixure Operator

120 Cobbler

121 Coremaker

122 Driver

123 Driver Motor Vehicle

124 Motor Vehicle Selection Grade

125 Motor Lorry

126 Motor-Lorry Grade-II

127 Lorry Grade-II

128 Diesel Engine

129 Diesel Engine Grade-II

130 Mechanical Road Roller I/c and Cement Mixer etc.

131 Road Roller

40 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
132 Road Roller Driver Grade-II

133 Driver (Engine Static Stone Crusher, Tractor/Bull Dozer,

Steam Road Roller, Water Pump, Mechanical Assistant, Road
Roller, Mechanical, Steam Crane, Tractor with Bull Dozer
Mechanical, Transport, Engine Static and Road Roller Boiler
Attendant

134 Engine Operator (Stone Crusher Mechanical)

135 Distemprer, Electrician, Electrician (Grade-II, Class-II and

Class-III)

136 Fitter

137 Fitter (Selection Grade, Grade-II and III) Class-II and III
Assistant, Pipe Class-II, Pipeline ending Bars for)

138 Reinforcement-cum-Mechanic, Mechanic and Plumber

139 Gharami (Head)

140 Glazier

141 Hole Drillar for Blasting

142 Joiner

143 Joiner (Cable, Cable Grade-II)

144 Lineman (Grade-II, III, High Tension/Low Tension)

145 Mason

146 Mason (Selection Grade, Grade-II, III and Class-B Mistry)

147 Stone (Stone Class-II, Brick Work, Stone Work)

148 Brick-layer

149 Tile Flooring

150 B. I. M. Muccadam (Head)

No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 41
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
151 Stone Cutting

152 Ordinary Machanic

153 Mechanic

154 Mechanic (Class-II, Air Conditioning, Air Conditioning

Grade-II

155 Diesel Grade-II

156 Road Roller Grade-II

157 Assistant Radio

158 Manson (Gharami)

159 Mistry

160 Mistry Grade-II, Air Conditioning Grade-II, P. Way, Survey,

Santras Works

161 Mason Class-A

162 Moulder

163 Moulder (Brick Tile)

164 Painter

165 Painter (Selection Grade, Grade-II and III, Class-II, Assistant

Lotter and Polisher, Polisher, Rough)

166 Plasterer

167 Plasterer (Mason Grade-II)

168 Plumber

169 Plumber (Selection Grade, Class-II, Assistant Lotter and

Polisher, Rough)

170 Plasterer
42 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
171 Plasterer (Mason Grade-II)

172 Plumber (Selection Grade, Class-Il, Assistant Senior, Junior,

Mistry Grade-II)

173 Plumbing Mistry

174 Plumber-cum-Fitter

175 Polisher

176 Polisher (Floor)

177 Sirdhar Lathe Man

178 Geologist

179 Trailors

180 Turner

181 Upholsterer

182 Upholsterer (Grade-II and III)

183 Painter Spray (Class-II)

184 Wood Cutter

185 Wood Cutter Section Grade

186 Wood Cutter Class-II

187 Work Sircar

188 Welder

189 Airwineh Haulage Operator

190 Auto-electrician

191 Painter

192 Blacksmith

193 Tailor
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 43
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
194 Compressor Operator

195 Blaster/Shot-firer

196 Driver

197 Head Cook

198 Carpenter

199 Concrete Mixer Operator

200 Compressor Attendant

201 Air Compressor Attendant

202 Tractor Driver

203 Vehicle Driver

204 Chemist and Assistant/Chemist

205 Sub-Overseer (Unqualified)

206 Driller

207 Handhole Driller

208 Drill Mechanic

209 Driver Auto

210 Electrician

211 Wirelesss Operator Asstt. Foreman

212 Foreman

213 Fitter

214 Ferry Driver

215 Issuer Loco

216 Super Foreman

44 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
217 Hoist Operator

218 IMCE Driver

219 Driver

220 Loco Driver

221 Loader Operator

222 Linesman

223 Mechanic/ Machinist

224 Mason

225 Midwife

226 Tinsmith

227 Supervisory Mechanic

228 Pump Attendant only in Gypsum, Barytes and Rock Phosphates

229 Pump Operator/Driver

230 Mining Mate with competency certificate under Metalliferous

Mines\Regulations, 1961

231 Mistry

232 Skilled Mazdoor

233 Turner

234 Senior Mechanic

235 Pipe Fitter

236 Supervisor

237 Drafts Man

238 Wireman

239 Timber Man/Timber Mistry Elect.

No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 45
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
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240 Stone Crusher Operator

241 Crusher Operator

242 Moulder

243 Welder

244 Operator

245 Work Mistry

246 Engine Driver

247 Mining Engine Driver Grade-II

248 Engineman

249 Valveman

250 Cutter

251 Winding Engine Driver Grade-II

252 Security Guard (Unarmed)/Head Chowkidar

253 Shovel Operator

254 Limco Loader Operator

255 Surface Supervisor

256 Dozer Operator

257 Compressor Driller

258 Dumper Tractor Operator

259 Boiler Man (with Certificate)

260 Machinery Attendant

261 Air Conditions Mechanic

262 Crech Attendant only in Magnesite, Manganese and Mica

Mines
46 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
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263 Power Shovel Operator

264 Power and Pump House Operator

265 Miner Grade-I

266 Tractor Operator 80. Tub Repairer 81. Lathe Mistry

267 Stationery Engine Attendant 83. Generator Operator 84.

Loading Foreman

268 Diesel Mechanic

269 Ferro Printer-cum-Chairman

270 White Washing and Colour Washing Man

271 Operator Pneumatic Tools, Operator (Fitter)

272 Boreman

273 Borer

274 Wireman (Grade-II and III, Mechanic, Electrical)

275 White Washer

276 White Washer (Selection Grade, Class-II)

277 Wireman

278 Welder (Class-II, Bridge Work)

279 Welder Gas

280 Muccatam (with Competency Certificate under Metalliferous

Mines Regulations, 1961)

281 Security Guard (without arms) and other categories by

whatever name called which are of skilled nature

282 Assistant (Farm)

283 Assistant (Cashier)

No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 47
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
284 Librarian

285 Telex or Telephone Operator

286 Hindi Translator

287 Telex or Telephone Operator

288 Hindi Translator

289 Accounts Clerk

290 Clerks

291 Computer/Data Entry Operator

292 Telephone Operator, Typist

293 Store Attendant

294 M. C. Clerk

295 Munshi (Matriculate, Non-Matriculate)

296 Store Clerk (Matriculate Non-Matriculate)

297 Storekeeper

298 Storekeeper Grade-I, Grade-II (Matriculate)

299 Timekeeper

300 Timekeeper (Matriculate Non-Matriculate)

301 Book Keeper

302 Work Munshi

303 Work Munshi (Subordinate)

304 Magazine Clerk

305 Teller Clerk

306 Store Clerk

48 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
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307 Tally Clerk

308 Store Issuer

309 Tool Keeper

310 Computer/Date Entry Operator

311 Record Keeper

312 Tracer

313 File Clerk

314 Register Keeper

315 Timekeeper

316 Clerk
317 Munshi

318 Typist and other categories by whatever name called which

are of clerical nature
319 Any other category of employees by whatever name called
which are of skilled nature.

_________
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 49
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
S. No. Highly Skilled
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Artificier Class-I

2 Blacksmith Class-I

3 Carpenter Class-I

4 Machine

5 Hand Class-I

6 Mason Class-I

7 Mechanic (Senior)

8 Painter (Grade-I, Class-I, Spray) Plasterer (Mason) Class-I

9 Plumber (Head Class-I)

10 Mistry Grade-I

11 Polisher (with Spray Grade-I)

12 Road Inspector Grade-I

13 Sawyer Class-I

14 Stone Cutter Class-I

15 Stone Cutter Grade-I

16 Stone Chisler Class-I

17 Stone Mason Class-I

18 Sub-Overseer (Qualified)

19 Tiler Class-I

20 Tinsmith Grade-I and Class-I

21 Upholsterer Grade-I

22 Varnisher Class-I
50 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
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23 Welder-cum-Fitter and Air Conditioning Mechanic

24 Welder (Gas) Class-I

25 White Washer Class-I

26 Wireman Grade-I, Class-I

27 Wood Cutter Class-I

28 Grinder (Tool) Grade-I

29 Operator (Batching Plant Grade-I)

30 Leader Grade-I

31 Pile Driving Grade-I

32 Pump Grade

33 Scrapper Grade-I

34 Screening Plant Grade-I

35 Pump Grade-I

36 Scrapper Grade-I

37 Security Guards (with arms)

38 Armature Winder Grade-I

39 Blacksmith Grade-I and Class-I

40 Boilerman Grade-I

41 Boilerman Foreman Grade-I

42 Brick Layer Class-I

43 Cable Joiner Grade-I

44 Carpenter Grade-I and Class-I

45 Celo Cutter and Decorator

No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 51
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1 2
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46 Chargeman Class-I

47 Checker (Sr.) Driver Lorry Grade-I

48 Motor Lorry Grade-I

49 Motor Vehicle Class-I and Diesel Engine Grade-I

50 Road Roller Grade-I

51 Pump Class Electrician Grade-I and Class-I/Grade-I

52 Fitter (Grade-I, Class-I)

53 Pipe Class-I (Head)

54 Foreman (Assistant) Line Man Gr ade-I Mason

(Skilled Grade-I, Class-I)

55 Mast Rig

56 Mechanic Class-I and Class-II

57 Mechanic (Diesel Grade-I and Road Roller Grade-I

58 Air Conditioning Grade-I/Class-I, Mistry Grade-I

59 Mistry (Air Conditioning Grade-I)

60 Overseer

61 Overseer (Senior and Junior)

62 Dragline Grade-I

63 Drill Grade-I

64 Dumper Grade-I

65 Excavator Grade-I

66 Fork Lift Grade-I

67 Generator Grade-I
52 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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1 2
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68 Rigger Grade-I

69 Rigger Grade-II

70 Charper/Sletter Grade-I

71 Shovel and Dragline Tractor Grade-I

72 Tradesman Class-I

73 Turner/Miller Grade-I

74 Work (Assistant) Grade-I

75 Compounder

76 Surveyor

77 Winding Engine Driver

78 Operator (Heavy Earth Moving Shovel and Bulldozer)

79 Head Mistry

80 Staff Nurse with Diploma

81 Drill Operator other than Jack Hammer

82 Electrical Supervisor with Competency Certificate

83 Underground Shift Boss

84 Head Mechanic

85 Qualified and Experienced Welder

86 Machine Tool Mechanic

87 Mechanical/Plant Foreman

88 Mining Supervisor

89 Vocational Training Instructor/Teacher

90 Head Electrician
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 53
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1 2
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91 Accountant

92 Steno with 7 years of service

93 Store In-charge

94 Shift In-charge

95 Supervisor

96 In-charge of Watch and Ward

97 Security Guard (Armed)

99 Crane Grade-I

100 Diesel Engine Grade-I

101 Dozer Grade-I

102 Clamp Shell Grade-I

103 Compressor Grade-I

104 Grader Grade-I

105 Tractor Grade-I

106 Vibrator Grade-I

107 Screening Plant Grade-I

108 Shovel Grade-I

109 Shovel and Dragline

110 Tyrevulcanser Grade-I

111 Security Guard (with Arms) and other categories by whatever

name called which are of Highly-Skilled nature

112 Any other category of employees by whatever name called

which are of Highly-Skilled nature.

–––––––
 FORM-I
54

[See rule-17 and rule-41(1), (2) and (3) ]

Register of Wages, Overtime, Fine, Deduction for Damage and Loss
Name of the Establishment : Name of the Employer :
Name of the Owner : PAN/TAN of the Employer :
Labour Identification Number (LIN) :

Sr. No. in Name of Designation/

Total Duration of Payment
Total Wage
Rates of wages
Employee the Department
No. of overtime ————————————————
of Wages Period
Register employee days (Monthly/Fortnightly/
(hours Basic DA From-
Allowances
worked Weekly/Daily/Piece
worked or To
during production in rated)
the case of piece
period workers)
——————————————————————————————————————————————————————————————————————
1 2 3 4 5 6 7 8 9 10
——————————————————————————————————————————————————————————————————————

Overtime Nature of acts

Damage or Amount of
Amount of Total Date of Attendance
earning and omissions
loss caused fine
deduction amount of Payment —————————————
for which fine
to the imposed
from wages wages Date Signature
The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942.

imposed with
employer by paid
date neglect or
default of the
employee
——————————————————————————————————————————————————————————————————————
11 12 13 14 15 16 17 18 19
——————————————————————————————————————————————————————————————————————
[No. 42-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 55
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FORM-II
[See rule 39]
[SINGLE APLICATION UNDER SUB-SECTION (5) OF SECTION 45]
BEFORE THE AUTHORITY APPOINTED UNDER SUB-SECTION (1)
OF SECTION 45 OF THE CODE ON WAGES, 2019 (29 OF 2019)
FOR ................. AREA ...............
Application No. .................................. of 20 ............
Between ABC and (State the number) ...... other ................................... Applicant
Through employees concerned or registered trade union or
Inspector-cum- Facilitator
Address ....................................................
And
XYZ ...................................................
Address ........................................................
The application states as follows :—
(1) The applicant(s) whose name(s) appear in the attached schedule was/
were/has/have been employed from ........................ to ................. as
............................. (category) in ............................... (establishment)
Shri/M/s .................................. engaged in ........................ ( n a t u r e
of work) which is/are covered by the Code on Wages, 2019.
(2) The opponent(s) is/are the employer(s) within the meaning of
section 2(1) of the Code on Wages, 2019.
(3) (a) The applicant(s) has/have been paid wages at less than the
minimum rates of wages fixed for their category (categories) of
employment(s) under the Code by Rs. .............. per day for the period(s)
from .................. to .............................
(a) The applicant(s) has/have not been paid wages at
Rs. ........................... per day for the weekly days of rest from
to ..................
(b) The applicant(s) has/have not been paid wages at overtime rate(s)
for the period from ....................... to .........................
(c) The applicant(s) has/have not been paid wages for period
from ...................... to .........................
56 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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(d) Deductions have been made which are in contravention of the
Code, from the wage(s) of the applicant(s) as per details specified
in the annexure appended with this application.
(e) The applicant(s) has/have not been paid minimum bonus for the
accounting year .........................................................
(4) The applicant(s) estimate(s) the value of relief sought by him/them on
each amount as under,—
(a) Rs. .....................
(b) Rs. ......................
(c) Rs. ......................
Total Rs. .............

(5) The applicant(s), therefore, pray(s) that a direction may be issued under
section 45(2) of the Code on Wages, 2019 for,—
(a) payment of the difference between the wages payable under the Code
and the wages actually paid ;
(b) payment of remuneration for the days of rest ;
(c) payment of wages at the overtime rates ;
(d) compensation amounting to Rs. .......................
(6) The applicant(s) do hereby solemnly declare(s) that the facts stated in
this application are true to the best of his/their knowledge, belief and
information.
Dated ..................

Signature or thumb-impression of the employed

person(s), or official of a registered trade union duly
authorized or Inspector-cum-Facilitator.
Note :—The applicant(s), if required, may append annexures containing details,
with this application.
–––––––
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 57
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FORM-III

(See rule 40)

Appeal under section 49(1) of the Code on Wages, 2019 before the
Appellate Authority under the Code on Wages, 2019

A. B. C.

Address ..............................................................................................APPELLANT

Vs.

C. D. E.

Address ......................................................................................... .RESPONDENT

DETAILS OF APPEAL :

1. Particulars of the order against which the appeal is made :

Number and date :

The authority who has passed the impugned order :

Amount awarded :

Compensation awarded, if any :

2. Facts of the case :—

(Give here a concise statement of facts in a chronological order, each

paragraph containing as nearly as possible a separate issue or fact).

3. Grounds for appeal :

4. Matters not previously filed or pending with any other Court or any
Appellate Authority :

The appellant further declares that he had not previously filed any appeal,
writ petition or suit regarding the matter in respect of which this appeal
has been made, before any Court or any other Authority or Appellate
Authority nor any such appeal, writ petition or suit is pending before any
of them.
58 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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5. Reliefs sought :

In view of the facts mentioned above the appellant prays for the following
relief(s)—[Specify below the relief(s) sought]

6. List of enclosures :—

1.

2.

3.

4.

Date :

Place :

Signature of the appellant.

For office use

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date of filing or
Date of receipt by post Registration No.

Authorized Signatory.
––––––––
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 59
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FORM-IV
[See rule 41(3)]
EMPLOYEE REGISTER
Name of the Establishment : Name of the Employer :
Name of the Owner : PAN/TAN of the Employer :
Labour Identification Number (LIN) :
SI. Employee Name Surname Gender
Father’s/ Date Nationality Education Date
No. Code Spouse of Level of
Name Birth Joining
—————————————————————————————————————————
1 2 3 4 5 6 7 8 9 10
—————————————————————————————————————————

Desig- Category Type of Mobile UAN PAN ESIC AADHAAR Bank Bank
nation (HS/S/SS/US)* Employ- No. IP A/c
ment No. Number
—————————————————————————————————————————
11 12 13 14 15 16 17 18 19 20
—————————————————————————————————————————

Branch Present Permanent Service Date Reason

Mark of Photo Specimen Remarks
(IFSC) Address Address Book
Identi- of for
Signature/
No.
fication Exit Exit
Thumb
Impression
—————————————————————————————————————————
21 22 23 24 25 26 27 28 29 30
—————————————————————————————————————————

*(Highly Skilled/Skilled/Semi-Skilled/Unskilled)
60 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-a
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FORM-V

[See rule 42]

WAGE SLIP

Date of issue :

Name of the Establishment.....................Address.................Period.......................

1. Name of employee :

2. Father’s/Spouse name :

3. Designation :

4. UAN :

5. Bank Account No. :

6. Wage period :

7. Rate of wages payable : (a) Basic (b) D. A. (c) other

allowances

8. Total attendance/
unit of work done :

9. Overtime wages :

10. Gross wages payable :

11. Total deductions : (a) PF (b) ESI (c) Others

12. Net wages paid :

Employer/
Pay-In-charge Signature.

–––––––––
No. 42-a] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 61
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FORM-VI

[See rule 44]

APPLICATION UNDER SUB-SECTION (4) OF SECTION 56 FOR

COMPOSITION OF OFFENCE

1. Name of applicant :

2. Father’s/Spouse Name :

3. Address of the applicant :

4. Particulars of the offence : .............................................................................

...........................................................................................................................

...........................................................................................................................

5. Section of the Code under which the offence is committed ........................

...............................................................................

6. Miximum fine provided for the offence under the Code : ............................

...............................................................................

7. Whether prosecution against the applicant is pending or not .......................

................................................................................

8. Whether the offence is first offence or the applicant had committed any
other offence prior to the offence. If yes, then, full details of the prior
offence........................................................................................................................

...........................................................................................................................

...........................................................................................................................

9. Any other information which the applicant desires to provide

...........................................................................................................................

...........................................................................................................................

...........................................................................................................................

Dated :

Applicant (Name and Signature)